Noble Predicates: Definition, Legal Status and Significance
Definition and Delimitation of the Term “Noble Predicate”
Noble predicates are linguistic additions assigned to a person in connection with membership in a historical nobility. The most well-known forms in German-speaking areas include “von”, “zu”, “vom”, “zur” as well as combinations such as “von und zu”. These additions typically precede the actual family name and were originally intended to indicate a person’s social rank or origin. In a broader sense, noble predicates are part of civil name law, but after the abolition of noble privileges in Germany and Austria, they now hold mainly historical and societal relevance.
Historical Development and Legal Foundations
Noble Law in the German Empire and Austria-Hungary
In the German-speaking world, noble predicates were considered a sign of a privileged social class until the end of the monarchy. They were legally recognized with the granting of a noble title to individuals or families, and, among other things, determined name law and inheritance law within noble families. The use and transmission of noble predicates were subject to strict rules and often required state approval.
Abolition of Nobility and Legal Consequences
With the entry into force of the Weimar Constitution on August 11, 1919, the public law privileges of the nobility in Germany were abolished (Art. 109 WRV). Noble designations, including noble predicates, became components of the family name according to Art. 109 (3) of the Weimar Constitution.
A similar development took place in Austria with the Abolition of Nobility Act of 1919 (StGBl. No. 211/1919), whereby not only noble titles but also all noble predicates and predicates in name law were eliminated.
Noble Predicates in Name Law
Germany
In Germany, noble predicates are protected as components of the family name by Art. 109 (3) WRV. This means they may be used as so-called “name additions” in official identification documents, provided they were lawfully acquired by birth or marriage.
Transfer and Use of Noble Predicates
Noble predicates are treated like surnames. The so-called “agnatic line” (male line of succession) has been abolished, so noble predicates are passed on to descendants in the same way as other family names. In cases of marriage, adoption, or name change, the provisions of civil law (§§ 1616 ff. BGB) apply.
Judicial Decisions on Name Usage
The courts, particularly the Federal Court of Justice (BGH), have regularly confirmed that noble predicates do not enjoy a special status under name law (e.g., BGH, Decision of January 22, 1992 – XII ZB 130/89). They are treated fully as parts of the name. This also concerns related questions of name usage, name changes, and passport documentation.
Austria
In Austria, the use of noble predicates and noble titles has been completely prohibited since 1919 (§ 2 Adelsaufhebungsgesetz). Violations may be punished with fines, and noble predicates acquired elsewhere in Europe may not be recorded in official documents.
Social and International Relevance
Noble Predicates under European and International Law
Across Europe, there are different regulations. Countries such as Belgium or Spain still recognize noble predicates as components of official name law to some extent. Due to differing rules in cases of binational marriages or migration, conflicts may arise regarding the recognition of noble predicates in names. International family name law refers here to habitual residence or citizenship.
Special Features in Switzerland and Liechtenstein
In Switzerland and Liechtenstein, noble predicates may be accepted as part of the civil name, provided there is evidence that they have been traditionally used by the family. However, recognition of noble status does not take place.
Use of Noble Predicates in Public and Private Legal Transactions
Commercial and Corporate Law
Noble predicates can be components of company names or trademarks, provided they correspond to the lawful civil name and do not constitute misleading information (§ 18 HGB, § 5 MarkenG). The use for advertising purposes that suggests a social or privileged status, however, may be deemed impermissible misleading advertising.
Criminal Offenses and Regulatory Offenses
The improper assumption of noble predicates without legal entitlement can be prosecuted in Germany under § 132a of the Criminal Code (Misuse of Titles, Professional Designations, and Badges). In Austria, fines may be imposed based on the Adelsaufhebungsgesetz.
Special Aspects of Noble Titles and Name Changes
The change or addition of a name to include a noble predicate is only possible in German law on the basis of birth, adoption, or marriage certificates. An elective change to a noble predicate is inadmissible under the Name Change Act (NamÄndG). Acquisition of noble predicates through private foundations, so-called “name sponsorships”, is also not legally recognized.
Summary and Outlook
Noble predicates are now predominantly historic name additions without legal privileges. In Germany, they form part of the family name and are subject to general name law. Their use is possible only in accordance with statutory provisions. In Austria, they are completely prohibited. The topic of noble predicates continues to engage international name law and can lead to complex recognition issues in cross-border legal matters. In a social context, noble predicates often still carry symbolic significance, but their legal effect is limited to the name component and is clearly distinct from historic noble law.
Frequently Asked Questions
May noble predicates be used under German law?
Noble predicates such as “von”, “zu” or “Freiherr von” may be used under German law if they are part of the civil surname. With the entry into force of the Weimar Constitution in 1919, noble designations in Germany were treated as mere components of the name and lost their social standing. According to Article 109 (3) WRV, former noble designations may only be used as part of the family name and without any associated privileges. For German nationals, the use of such name components is legitimized by their entry in the civil status register. The unauthorized use of a noble predicate, without it being officially established as a name component, can in some cases constitute a regulatory offense or even criminal document forgery, especially if it illegitimately suggests a certain social status.
How is a noble predicate passed on within a family?
The transfer of noble predicates has been governed solely by name law since 1919 and is no longer subject to special rules of noble law. Provided the noble predicate is part of the civil family name, the transfer is subject to the general statutory provisions on family names, as regulated in the German Civil Code (BGB) and the Act on Civil Status. As a rule, legitimate children take the name, and thus also the noble predicate, of a parent. Name changes in the context of marriage, adoption or as a result of family court decisions can also result in the noble predicate being passed on. Principles of noble law on filiation or equality of birth are no longer relevant today.
Can foreign noble predicates be legally recognized and used?
Foreign noble predicates, especially from countries where the nobility still exists, may be recognized under certain conditions if the person acquires German citizenship. The decisive factor is whether the noble predicate forms an integral part of the family name legally recognized in the country of origin. Upon naturalization or name change, it may be examined whether the predicate can be adopted under German name law. Arbitrarily assuming a predicate is, however, inadmissible and always requires authorization by the competent naming authority. Internationally common titles without the character of a name, such as “Sir”, “Baron” or “Count”, are not considered legally relevant components of a name under German law.
Granting or Revocation of Noble Predicates – Is this Legally Possible in Germany?
The granting of new noble predicates has been expressly forbidden in Germany since the entry into force of the Weimar Constitution and is impossible due to a lack of legal basis. Likewise, the revocation of noble predicates in the sense of loss of status no longer occurs, since noble predicates are treated exclusively as name components and are no longer tied to legal rights, duties, or privileges. The only way to remove a noble predicate from the name is through an official name change procedure for valid reasons in accordance with the Name Change Act.
Can noble predicates now be assumed by name change?
Assuming a noble predicate as part of a name change is generally not permitted under German law unless a family or legal name connection can be proven. A name change under the Name Change Act requires an important reason, such as the resumption of a former name or the removal of disadvantages in the social or professional context. Mere adoption of a noble predicate for reasons of prestige or social status is not a recognized reason for name change. Even in the case of adopted stage names or pseudonyms, the official name remains unaffected.
What are the legal consequences of unauthorized use of a noble predicate?
The unauthorized use of a noble predicate can have civil and criminal consequences. On the one hand, it may be prosecuted as an infringement of name rights pursuant to § 12 BGB by name holders. On the other hand, the intentional use of forged or unregistered noble predicates in legal or business transactions may satisfy the requirements for the offenses of forgery of documents (§ 267 StGB) or deception in legal transactions, especially if a non-existing identity or social status is deliberately pretended. Authorities are required to correct false name information and, if necessary, file a report.
